What is Uncontested Divorce?
An uncontested divorce is when both spouses think it is time to end their marriage and share an agreement regarding their divorce settlement. The nice thing about an uncontested divorce is that there is no need for court hearings (95% of divorce cases are uncontested and avoid the divorce drama often featured on TV). Nonetheless, it is good to get the advice/support of a divorce attorney before you sign documents relating to child custody/support or property distribution.
Some couples believe since they are able to agree on the overall points of their divorce that they will slide through the process. It is a large setback when they realize there are many aspects to acknowledge and the process of actually filing and carrying through a divorce can be very complex. For those that do not have the skill and experience it is easy to make a mistake that harms them or delays the process. While these cases are typically far easier, they can still be greatly benefited with professional assistance.
Understand the Benefits
Another benefit to an uncontested divorce is the fact that it goes more quickly; avoiding time consuming arguments and battles in court. This is a large relief for many that want to put their marriage behind them and move on. Another considerable advantage is the financial aspect. When a couple is not arguing on their divorce and the main terms of it, they can make the overall process less costly. According to US divorce statistics, uncontested divorces generally take about three to six months from the date of filing. If you can work things out without having to go to court, you always achieve a smoother outcome. An uncontested divorce also tends to be less heated and hostile. There will also be much less time on paperwork, less information made public, and less potential for error.
The two kinds of uncontested divorce are:
- Agreed divorce: Both spouses agree to file for divorce and agree on terms relating to property, child custody and spousal support
- Default uncontested: This is when one spouse wants the divorce and the other doesn't; if your spouse does not legally react to the divorce within a certain period of time, then the divorce can occur without his/her involvement
Even though these are two forms, they involve no active opposition from the parties involved, providing for a far easier path to resolution.
Qualifications for an Uncontested Divorce
In order to obtain an uncontested divorce, the following must be true:
- A couple meets specific requirements to be eligible
- Uncontested divorce is available in your jurisdiction
- You don't need Issues such as property disputes or criminal matters to be discussed. These are not subject to uncontested divorce proceedings.
When you and your former spouse are able to agree on all the issues in the divorce, including the payment of alimony, child custody and property division, you will be able to bring an agreed upon Final Decree of Divorce that only needs to be signed by the judge.
Couples who cannot settle their disagreements outside of court will have to have a hearing before a judge. They will be forced to live with the court's decisions regarding the property division, support and custody. If you want to maintain control over the proceedings in your divorce and avoid interference from the court, you should seek an uncontested divorce.
Our firm will assist you to ensure that the process of an uncontested divorce is done correctly, allowing you to avoid delays through a failure to provide the correct paperwork or other issues involved with your filing. We offer our services to those who are seeking an amicable resolution through an uncontested divorce. The process can be completed in as little as 61 days from the time of filing, allowing both parties to move forward with their new lives more swiftly and without the need to have decisions about the critical matters in a divorce to made by the court.